CASE LAW ON PUBLIC PROPERTY, KHARAB

Under Section 67 of The Karnataka Land Revenue Act 1964 all Public Roads, Streets, Lanes, paths, bridges, ditches, dikes and fences on or beside the same, the beds of rivers, streams, nallas, lakes, tanks, canals, water courses and all standing and flowing waters which are not property of individuals are the property of the state government.

In Saudagar asul vs State of Kar, reported in ILR 1973 Kar 56. The title to kharab land is clarified by Karnataka High Court. “ Kharab land is uncultivable land classified for the purposes of revenue exemption. It cannot be regarded as adjunct to adjoining cultivable land, which gets transferred along with cultivable land. Kharab land is also capable of ownership which must be acquired in the same way as cultivable land.

Under Section 68 of Karnataka Land Revenue act 1964. Deputy Commissioner is entitled to declare any Public street, Path, Lane, as stands extinguished with suitable notification and prescribed procedure.